People v. Walsh

SCHAUER, J., Dissenting.

In my view it was error to receive in evidence, over the, objection of defendants, the self-serving and unsworn writings of the complaining witnesses. Furthermore, as I read the record, the instructions on entrapment were not applicable to any issue before the court and it was error to give them.

For further elucidation and strong documentation of the law supporting the views above stated, reference is made to the *45opinion prepared for the District Court of Appeal by Presiding Justice Shinn, concurred in by Justices Wood (Parker) and Vallée, and reported in (Cal.App.) 286 P.2d 915.

For the reasons above stated I would reverse the judgment.

Carter, J., and Traynor, J., concurred.

Appellants’ petitions for a rehearing were denied October 10, 1956. Carter, J., Traynor, J., and Schauer, J., were of the opinion that the petitions should be granted.